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Simple English definitions for legal terms
Section 8 and 15 affidavit
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A quick definition of Section 8 and 15 affidavit:
Section 8 and 15 affidavit: This is a legal document that combines two different types of statements, called affidavits. The first statement, called a Section 8 affidavit, is used to show that a trademark is still being used in commerce. The second statement, called a Section 15 affidavit, is used to show that a trademark has become well-known and has a strong reputation. By combining these two statements into one document, a trademark owner can save time and money when renewing their trademark registration.
A more thorough explanation:
A Section 8 and 15 Affidavit is a legal document that is used in trademark registration. It is a declaration made by the trademark owner or someone authorized to act on their behalf, stating that the trademark is being used in commerce and that the owner has a bona fide intention to continue using the trademark in commerce.
The Section 8 part of the affidavit is used to show that the trademark has been in use for at least five years since the registration date. The Section 15 part of the affidavit is used to show that the trademark has become distinctive and has acquired secondary meaning in the minds of consumers.
For example, if a company registered a trademark for their product "XYZ" in 2010, they would need to file a Section 8 and 15 Affidavit in 2015 to show that they have been using the trademark continuously for the past five years and that it has become well-known among consumers.
Another example would be if a company registered a trademark for their logo in 2012, they would need to file a Section 8 and 15 Affidavit in 2017 to show that the logo has been in use for at least five years and has become distinctive in the minds of consumers.
These examples illustrate how a Section 8 and 15 Affidavit is used to maintain the validity of a trademark registration and to show that the trademark is still being used in commerce and has become well-known among consumers.